Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • elm2889
    • By elm2889 12th Apr 18, 9:20 PM
    • 4Posts
    • 0Thanks
    elm2889
    Homeless now due to incorrect completion date given by Solicitors, HELP!
    • #1
    • 12th Apr 18, 9:20 PM
    Homeless now due to incorrect completion date given by Solicitors, HELP! 12th Apr 18 at 9:20 PM
    So I am currently going through a house move, My parents are selling their house to move abroad and I am going in as a first time buyer, however my family will be living with me for sometime whilst I settle in and they also get a little bit more funds together to retire.

    My parents have been living in their home for over 29 years now, to which we will be moving everything into the new house I am purchasing, BUT now the solicitors have basically messed everything up for us leaving us homeless for 9 days.

    The buyer of my parents home have now exchanged for one day which was agreed on, however despite my solicitors being told that this date would not be met by my sellers (for the property I am purchasing) they still went ahead and agreed on exchange for my parents property. Now she was chasing my property's sellers to agree on the same date however they have agreed on a later date (9 days later) for completion, which basically means we are left homeless for 9 days in-between!!

    Taking in consideration I am having to move an entire family across country, this includes two young children, and 29+ years worth of household things.

    My solicitors did not even advise me on what impact this would take on me if this was to happen either, they asked for authorisation twice from me and my parents for the go ahead for exchange.

    Now I had no clue this would happen as the emails between the solicitors and negotiators used such legal jargon I had no clue, I was messed around from the beginning and passed onto several different case handlers, each only acted when I started sending chase emails and CC'ing their managers in.

    Can someone please advise me what I can do?? the sellers cannot bring their date for completion back either as they will be moving into a new property which hasn't even completed but due to the chase they have agreed for the date (9 days later) they also have a very ill child and having to move into a friends home due to earlier completion date. The buyer also cannot move his date to the new suggested date as his solicitors have already organised the mortgage from the lenders and they cannot hold onto such large funds.

    Please help me in which way I can go to seek help or guidance.

    Thank you
Page 1
    • Ms Chocaholic
    • By Ms Chocaholic 12th Apr 18, 9:22 PM
    • 9,320 Posts
    • 57,494 Thanks
    Ms Chocaholic
    • #2
    • 12th Apr 18, 9:22 PM
    • #2
    • 12th Apr 18, 9:22 PM
    You mention that the solicitor has agreed a date for exchange on the old property but this is not completion and therefore not the date you need to move out.

    I think you are getting confused about exchange v completion.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • Ms Chocaholic
    • By Ms Chocaholic 12th Apr 18, 9:24 PM
    • 9,320 Posts
    • 57,494 Thanks
    Ms Chocaholic
    • #3
    • 12th Apr 18, 9:24 PM
    • #3
    • 12th Apr 18, 9:24 PM
    The main difference between exchange and completion is that exchange is an exchange of contracts, which makes the matter legally binding between the parties, whereas completion is the date the parties physically move and transfer legal ownership of the property.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • AnotherJoe
    • By AnotherJoe 12th Apr 18, 9:30 PM
    • 9,422 Posts
    • 10,417 Thanks
    AnotherJoe
    • #4
    • 12th Apr 18, 9:30 PM
    • #4
    • 12th Apr 18, 9:30 PM
    Whilst I find your post confusing and with plenty of extraneous and unnecessary detail, the key point seems to be that you (or your parents ? ) agreed to two different exchange dates. Why ?

    It's certainly strange that your solicitors arranged such a thing, are there perhaps two different related transactions going on, one with your parents and one you and this is the source of the confusion ?

    At the moment I would focus on putting your stuff in storage, finding a place to stay (holiday rental? ) and sorting the practicalities and claim whatever compensation you might deem reasonable later though if you have been asked if the dates were OK twice and you agreed I suspect you are out of luck.
    • elm2889
    • By elm2889 12th Apr 18, 9:31 PM
    • 4 Posts
    • 0 Thanks
    elm2889
    • #5
    • 12th Apr 18, 9:31 PM
    • #5
    • 12th Apr 18, 9:31 PM
    So basically the buyer of my parents property are set for completion on the 18th, my completion has been agreed for the 29th.

    The main mix up was when the solicitor went for the exchanges she requested for completion for the 18th when she was told by my property sellers that they cannot meet this date and can meet the 29th, but my solicitors still went ahead with the 18th completion date.

    hence the 9 day gap because now we have to leave my parents property by the 18th as this was the completion agreed on for the buyers for my parents property.
    • Ms Chocaholic
    • By Ms Chocaholic 12th Apr 18, 9:33 PM
    • 9,320 Posts
    • 57,494 Thanks
    Ms Chocaholic
    • #6
    • 12th Apr 18, 9:33 PM
    • #6
    • 12th Apr 18, 9:33 PM
    I'd do as Joe suggested; pack up, put the belongings in storage and have a few days relaxing in a holiday rental before moving and unpacking again.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • Ms Chocaholic
    • By Ms Chocaholic 12th Apr 18, 9:35 PM
    • 9,320 Posts
    • 57,494 Thanks
    Ms Chocaholic
    • #7
    • 12th Apr 18, 9:35 PM
    • #7
    • 12th Apr 18, 9:35 PM
    In terms of your parents 29+ years of household belongings; the new house is yours, will you have your own furniture/belongings? I hope they're not going to clutter up your new home with all their stuff.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • AnotherJoe
    • By AnotherJoe 12th Apr 18, 9:37 PM
    • 9,422 Posts
    • 10,417 Thanks
    AnotherJoe
    • #8
    • 12th Apr 18, 9:37 PM
    • #8
    • 12th Apr 18, 9:37 PM
    So basically the buyer of my parents property are set for completion on the 18th, my completion has been agreed for the 29th.

    The main mix up was when the solicitor went for the exchanges she requested for completion for the 18th when she was told by my property sellers that they cannot meet this date and can meet the 29th, but my solicitors still went ahead with the 18th completion date.

    hence the 9 day gap because now we have to leave my parents property by the 18th as this was the completion agreed on for the buyers for my parents property.
    Originally posted by elm2889

    Are there two different solicitors involved, one for you one for parents ?
    • elm2889
    • By elm2889 12th Apr 18, 9:41 PM
    • 4 Posts
    • 0 Thanks
    elm2889
    • #9
    • 12th Apr 18, 9:41 PM
    • #9
    • 12th Apr 18, 9:41 PM
    just one solicitor which is dealing with the sell and purchase and the still managed to mess everything up!
    • elm2889
    • By elm2889 12th Apr 18, 9:44 PM
    • 4 Posts
    • 0 Thanks
    elm2889
    no they will be moving everything into another flat but everything would be coming to my new house first whilst they went though their purchase, we wanted to settle my purchase first and then they will be buying a flat of their own.
    • G_M
    • By G_M 12th Apr 18, 10:00 PM
    • 44,096 Posts
    • 52,241 Thanks
    G_M
    I strongly suspect that the solicitor instructed by the two parties, was not given clear instructions.

    He seems to have treated the two conveyances as unrelated. This is the normal state of affairs where he receives instructions from two different clients.

    On the other hand, if the two clients (the OP and OP's parents) both wrote to their solicitor, clearly instructing him to align both the Exchange of Contracts, an the Completion dates, of the two matters, then he is clearly at fault for failing to follow instructions.
    • leon103
    • By leon103 12th Apr 18, 10:53 PM
    • 718 Posts
    • 173 Thanks
    leon103
    I can't help but just pointing out it's 11 days you need to find somewhere to sleep
    • Thrugelmir
    • By Thrugelmir 12th Apr 18, 11:05 PM
    • 58,490 Posts
    • 51,853 Thanks
    Thrugelmir

    Now I had no clue this would happen as the emails between the solicitors and negotiators used such legal jargon I had no clue,(
    Originally posted by elm2889
    There's no legal jargon when giving clear instruction as to completion dates. With email should be transparently clear.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • Asl77c
    • By Asl77c 12th Apr 18, 11:19 PM
    • 71 Posts
    • 52 Thanks
    Asl77c
    Yeh. Hate to be the bearer of bad news. But there are 11 days between the 18th and 29th not 9....... good luck with it all thought.
    • AnotherJoe
    • By AnotherJoe 13th Apr 18, 8:43 AM
    • 9,422 Posts
    • 10,417 Thanks
    AnotherJoe
    on the upside with their stuff goes in storage and staying in a holiday home or similar they can have a more leisurely move
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

452Posts Today

5,531Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin